United States v. Millan-Isaac

TORRUELLA, Circuit Judge.

Defendants-Appellants José Cabezudo-Kuilan (“Cabezudo”) and Heriberto Mil-lán-Isaac (“Millán”) pled guilty to aiding and abetting a robbery and possessing a firearm during a crime of violence. At back-to-back sentencing hearings, the district court first sentenced Millán to 180 months of imprisonment and then sentenced Cabezudo to 114 months of imprisonment. Immediately after sentencing Cabezudo, however, the sentencing judge sua sponte elected to bring back Millán and to decrease his sentence from 180 to 120 months of imprisonment.

On appeal, both Appellants challenge…